General Terms and Conditions
General Terms and Conditions ("GTC")
Between Klepper Lifestyle GmbH, Am Kaiserkai 10, 20457 Hamburg, registered in the commercial register of the district court of Hamburg, HRB 161811 (hereinafter referred to as "Provider"), represented by Mr. Michael Müller
the customers designated in § 2 of the contract (hereinafter referred to as "Customer").
§ 1 Scope of application, definitions
(1) For the business relationship between the Provider and the Customer, the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer are not accepted unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of the contract
(1) The Customer can select products, especially folding boats, from the supplier's range of products and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "order payable “, he makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these contractual terms and conditions by clicking on the button "accept terms and conditions" and thereby included them in his offer.
(2) The Provider will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the offer. The contract is only concluded when the Provider submits the declaration of acceptance, which is sent by a sep-arate e-mail email@example.com (order confirmation). In this e-mail, the text of the contract (con-sisting of order, terms and conditions and order confirmation) is sent to the Customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection.
(3) The contract is concluded in either German or English language.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, pro-vided prior payment of the purchase price (except for purchase on account). If there is no other delivery time indicated for the respective goods in our online store: Please email us firstname.lastname@example.org for further information.
(2) If no copies of the product selected by the Customer are available at the time of the Custom-er's order, the supplier will inform the Customer in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this in the order confirmation.
(4) The following delivery restrictions apply: We offer shipping to any address in any country worldwide that is serviced by our selected logistics partners. Please inquire to email@example.com when placing your order.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been received.
§ 5 Prices and shipping costs
(1) All prices stated on the Provider's website are inclusive of the applicable statutory value add-ed tax. All import customs clearance fee and import duty must be paid by Customer.
(2) The corresponding shipping costs are indicated to the Customer in the order form and are to be paid by the Customer.
(3) The goods will be shipped by mail/freight forwarding. The shipping risk is borne by the Provider if the Customer is a consumer, otherwise by the entrepreneur.
(4) In the event of a revocation, the Customer shall bear the direct costs of the return shipment.
(5) The corresponding shipping costs are indicated in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal.Within EU, we offer free shipping on orders over 3,000€.
National shipping Germany
- Order value: 0€ - 200€: shipping cost: 15,00€
- Order value: 200,01€ - 3000€: shipping cost: 30,00€
EU shipping *
- Order value: 0€ - 200€: shipping cost: 30,00€
- Order value: 200,01€ - 3000€: shipping cost: 50,00€
Delivery times, costs and duties are dependent on your shipping location and
therefore can not all be displayed on our webshop. Please contact us via email for
all shipping inquiries.
We require a minimum order of €500 net value.
§ 6 Terms of payment
(1) The Customer can make the payment by prepayment, credit card or PayPal.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, he shall pay the Provider default interest for the year at a rate of 5 percentage points above the prime rate.
((3) The Customer's obligation to pay interest on arrears does not exclude the Provider from as-serting further damages caused by default.
§ 7 Warranty for material defects
The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the Provider is 12 months.
§ 8 Liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damag-es of the Customer from the injury of life, body, health or from the injury of substantial contrac-tual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or roughly negligent breach of duty of the Provider, its legal representatives or executing aides. Substantial contractual obligations are those whose fulfilment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negli-gence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the Provider's legal representa-tives and vicarious agents if claims are asserted directly against them. (4) The limitations of lia-bility resulting from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies, as far as the Provider and the Customer met an agreement over the condition of an item. The regulations of the product liability law remain unaffected.
§ 9 Revocation instruction
Right of withdrawal
The customer has the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which customer or a third party named by customer, who is not the carrier, has or has taken possession of the goods.
To exercise customer right of withdrawal, The customer must contact us Klepper Lifestyle GmbH, Am Kai-serkai 10, 20457 Hamburg, Germany, Tel.: +49 8031 2715639, Fax: +49 8031 216777, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. Customer can use the enclosed model cancellation form for this purpose, which is, however, not mandatory. If customer make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
if customer withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the noti-fication of customer withdrawal from this contract. For this repayment, we will use the same means of payment that customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that the customer have returned the goods, whichever is the earlier.
The customer must return or hand over the goods to us without delay and in any case no later than four-teen days from the day on which customer notify us of the cancellation of this contract. The deadline is met if the customer send the goods before the expiry of the period of fourteen days.
The customer shall bear the direct costs of returning the goods.
The customer will only have to pay for any loss in value of the goods if this loss in value is due to han-dling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
If the customer want to revoke the contract, customer can use the sample form. Copy the text into an e-mail or into word processing software of customer choice and send it back to us completed.
Klepper Lifestyle GmbH
Am Kaiserkai 10
Fax: +49 8031 216777
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on: (*)/received on (*)
Name of the consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable
§ 10 Data protection
For information on the processing of your personal data in connection with the use of the online shop, please refer to the data protection information specifically applicable to this.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the Customer as a consumer has his habitual residence, remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally inef-fective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
(4) Consumers have the option of using alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
(5) Duty to inform according to the Consumer Dispute Settlement Act (§36 VSBG): The pro-vider is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.